Case information
Consult our database for details on a Supreme Court of Canada case.
40357
X v. His Majesty the King
(Quebec) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-06-09 | Close file on Leave | |
| 2023-05-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-18 | Judgment on leave sent to the parties | |
| 2023-05-18 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-08-000330-094, 500-08-000331-092 and 500-10-004510-093, 2014 QCCA 303, dated February 17, 2014, would have been dismissed. Dismissed |
|
| 2023-04-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-17 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-10-13 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), Completed on: 2022-11-04, (Printed version filed on 2022-10-17) | His Majesty the King |
| 2022-10-13 |
Certificate (on limitations to public access), (Letter Form), 23B Amended version rec'd 2022-11-07, (Printed version filed on 2022-11-09) |
His Majesty the King |
| 2022-10-13 |
Certificate (on limitations to public access), (Book Form), 23A Amended version rec'd 2022-11-07, (Printed version filed on 2022-11-09) |
His Majesty the King |
| 2022-10-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-04, (Printed version filed on 2022-10-17) | His Majesty the King |
| 2022-09-16 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 2022-09-16 | |
| 2022-09-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-09-16, (Printed version due on 2022-09-22) | X |
| 2022-09-12 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2022-09-19) | X |
| 2022-09-12 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2022-09-19) | X |
| 2022-09-12 | Application for leave to appeal, (Book Form), (4 volumes), Completed on: 2022-09-16, (Printed version due on 2022-09-19) | X |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| X | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: X
Counsel
366, rue Laviolette
Saint-Jérome, Quebec
J7Y 2S9
Telephone: (450) 592-3001
FAX: (450) 592-3400
Email: julie_giroux@me.com
Party: His Majesty the King
Counsel
1 Notre-Dame Est
Bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52050
FAX: (514) 873-9895
Email: christian.jarry@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Young persons — Sentencing — Dangerous offenders — Indeterminate sentence — Assessment order — Whether s. 74(1) of Youth Criminal Justice Act, which provides for application of Parts XXIII and XXIV of Criminal Code to young person on whom adult sentence is imposed, is contrary to ss. 7, 12 and 15(1) of Charter — If so, whether infringements are saved by s. 1 — Whether dangerous offender designation and sentence of indeterminate detention imposed on young offender sentenced as adult and later imposed on him when he had just reached age of majority were unreasonable — Whether trial judges had power to order assessment under s. 752.1 Cr. C. in light of coming into force of new s. 752.01 Cr. C. — Whether Quebec Court of Appeal erred in law in stating at very end of its judgment that its decision might have been different if it had been informed of applicant’s current situation since his incarceration in penitentiary — Youth Criminal Justice Act, S.C. 2002, c. 1, s. 74(1) — Criminal Code, R.S.C. 1985, c. C-46, ss. 752.01, 752.1.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(Publication ban in case)
On May 8, 2008, Judge Hurtubise of the Court of Québec (Youth Division) convicted the applicant of being a party to sexual assault with other persons and of forcibly confining the victim. The same day, he convicted the applicant of two other sexual assaults against two different minor victims and of threatening one of them with bodily harm. The prosecution applied to have the applicant sentenced as an adult, which he did not contest.
On September 24, 2008, Judge Boisvert of the Court of Québec (Criminal and Penal Division) convicted the applicant of entering a dwelling house and committing sexual assault therein. He also convicted him of forcible confinement.
On September 30, 2009, Judge Hurtubise found the applicant to be a dangerous offender and sentenced him to imprisonment for an indeterminate period for the offences he had committed as a young person. On October 15, 2009, Judge Boisvert found the applicant to be a dangerous offender and sentenced him to imprisonment for an indeterminate period for the offences he had committed after becoming an adult.
The applicant appealed the two dangerous offender designations. The Court of Appeal dismissed the appeals.
Lower court rulings
Court of Quebec
2009 QCCQ 16660
Applicant found to be dangerous offender and sentenced to imprisonment for indeterminate period
Court of Quebec
500-01-004354-079
Applicant found to be dangerous offender and sentenced to imprisonment for indeterminate period
Court of Appeal of Quebec (Montréal)
2014 QCCA 303, 500-08-000330-094, 500-08-000331-092, 500-10-004510-093
Appeal dismissed.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available